A suburban police sergeant and village trustee will not face criminal charges in connection with a crash in Wisconsin that killed a woman.

Mark Mogan, a Lake in the Hills officer who is also a Hebron trustee and a candidate for village president, was taken into custody on suspicion of intoxicated driving after striking a pedestrian with his car in Lake Geneva on Dec. 27, authorities said. The woman, Samantha Norris, 29, died from her injuries two days later.

Though Lake Geneva police said in a news release that responding officers "observed evidence of intoxication on Mogan," he refused to take a breath test or field sobriety test, according to authorities and court records.

A blood test obtained through a search warrant a little more than three hours after the crash found no evidence of drugs or alcohol, and authorities concluded that, though their investigation found that Mogan drank two 22-ounce beers with a meal before the crash, "it appears the defendant's blood-alcohol content was well below" the legal limit, according to a March 16 letter from Zeke Wiedenfeld, Walworth County district attorney, to the Lake Geneva police chief.

Family photo

Samantha Norris, 29, was killed when her car was struck by Lake in the Hills police Sgt. Mark Mogan late in 2016 in Lake Geneva, Wis.

Samantha Norris, 29, was killed when her car was struck by Lake in the Hills police Sgt. Mark Mogan late in 2016 in Lake Geneva, Wis.

(Family photo)

Excessive speed and distracted driving were ruled out during the investigation, Wiedenfeld wrote. Norris was wearing dark clothing and crossed the road while the "don't walk" sign was displayed, according to the prosecutor's letter.

Norris' aunt, Linda Cicero, said she was upset to learn that Mogan would not face criminal charges in the crash.

"He's basically getting away with murder and ... what is more upsetting, is that he's a police officer and he knew how to play the game," she said. "That's how he was basically not convicted or charged with anything because it was just an accident and we can't fight the system."

Because Mogan's refusal to take sobriety tests was determined by a Walworth County court to be "unreasonable," he was ordered to forfeit his driver's license and to use a breath alcohol ignition interlock device for occupational driving, both for one year, and to undergo a drug and alcohol assessment, according to court records.

But the suspension of his driver's license apparently has not taken effect in Illinois, as the Illinois Secretary of State's office shows his driving record is clear, spokesman David Druker said.

It's not clear why Illinois authorities were not aware of the license revocation, as authorities in Wisconsin said the information was placed in a national registry to which Illinois officials have access. Druker said Wednesday evening his agency was looking into the matter after the Tribune brought it to officials' attention.

Whatever the case, officials in Lake in the Hills confirmed that Mogan was allowed to return to his regular duties on the police department's patrol division after Wisconsin authorities declined to press formal charges. Mogan, 49, had initially been placed on paid leave after the crash.

Neither Mogan nor his lawyer in Illinois could be reached for comment Wednesday.

Norris, who was born in Park Ridge, worked at the Grand Geneva Resort and Spa, located near where the accident occurred. Her aunt said she loved people and animals and wished for a simple life in a cabin in the woods. Norris walked everywhere because she was afraid to drive.

"She had a great personality, and everybody she met loved her," Cicero said. "She puts life in a party and if somebody was down she knew it, and she knew how to bring them up and listen to their problems and everything was better."

Mogan, a member of the Hebron Village Board, is running for village president in Tuesday's local election against incumbent John Jacobson and challengers Kimberly "Kimmy" Martinez and Frank Beatty, the former village president.

Jacobson, who unseated Beatty in 2013, is awaiting trial on 2016 charges of possession of cocaine and of a weapon without a firearm owner's ID card. Mogan was among those who supported a petition calling for Jacobson's resignation following his arrest.

A version of this article appeared in print on March 30, 2017, in the News section of the Chicago Tribune with the headline "Suburban cop, candidate cleared in fatal Wis. crash - Official: Officer's alcohol level wasn't over the legal limit" —
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